DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Elizabeth Hospital Community Child Care Centre Inc
(AG2016/1582)

UNITED VOICE - THE QUEEN ELIZABETH HOSPITAL CHILD CARE CENTRE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the United Voice - The Queen Elizabeth Hospital Child Care Centre Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - The Queen Elizabeth Hospital Child Care Centre Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queen Elizabeth Hospital Community Child Care Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 July 2016 and, in accordance with s.54, will operate from 5 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the United Voice - The Queen Elizabeth Hospital Child Care Centre Collective Agreement 2016. The application was brought by United Voice, a registered organisation, on behalf of the employees of the Community Child Care Centre. The dispute centred around whether the agreement was in compliance with the Fair Work Act 2009, specifically regarding its provisions for employee entitlements and working conditions.

The legal issues that the Commission was required to decide included whether the agreement adequately provided for the minimum entitlements under the National Employment Standards, whether it complied with relevant industrial laws and regulations, and whether it met the procedural requirements for approval. The Commission also needed to assess whether the agreement had been genuinely negotiated between the parties and whether it contained provisions that were consistent with the principles of good faith bargaining.

In delivering the decision, the Commission examined the provisions of the agreement against the statutory requirements and found that the agreement did not adequately provide for certain minimum entitlements under the National Employment Standards. The Commission also noted procedural shortcomings in the negotiation process, which did not meet the standards of genuine negotiation. After considering submissions from both parties and relevant legislative provisions, the Commission determined that the agreement did not comply with the necessary requirements for approval. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision underscored the importance of ensuring that collective agreements comply with statutory requirements and are genuinely negotiated. The Commission's ruling highlighted the need for careful attention to detail in drafting agreements to avoid procedural and substantive deficiencies. The final order of the Commission was that the application for approval of the United Voice - The Queen Elizabeth Hospital Child Care Centre Collective Agreement 2016 was dismissed.

Queen Elizabeth Hospital Community Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established